Pubdate: Sat, 17 Aug 2002
Source: Wichita Eagle (KS)
Copyright: 2002 The Wichita Eagle
Contact: http://www.wichitaeagle.com/
Details: http://www.mapinc.org/media/680
Author: Tim Potter
JUDGE RULES DRUG SEARCH ILLEGAL
But District Judge Rebecca Pilshaw finds no pattern of unconstitutional
searches by the Wichita Police Department.
In a closely watched ruling, a judge on Friday found serious misconduct but
no pattern of constitutional violations by a special Wichita police team.
The finding came in a hearing on whether to suppress evidence the officers
obtained on a suspected methamphetamine lab. District Judge Rebecca Pilshaw
dismissed that evidence after finding the search unconstitutional.
And, in a sweeping statement, Pilshaw assailed the police internal
investigation into allegations of officer misconduct. The investigation
"lacked credibility," Pilshaw said, because one of the investigators was
associated with the accused officers and because it did not include
interviews with any of the people whose rights had allegedly been violated.
In the quiet courtroom -- crowded with top police officials, prosecutors,
defense lawyers and the accused officers and their families -- Pilshaw gave
the Police Department both warm compliments and harsh criticism.
She noted the accused officers are highly decorated members of a west- side
crime-fighting unit known as SCAT -- Special Community Action Team. She
credited them with "getting the baddest of the bad guys off the street."
But she faulted their tactics, saying they sometimes coerced people into
giving consent to search or wrongfully looked through people's belongings.
She lauded the Police Department for taking it upon itself to initiate a
report on the allegations.
"The Wichita Police Department is well able to police themselves," she said.
She said she was proud of Lt. Tom Spencer, the accused officers' former
supervisor, for leading efforts to raise the allegations.
Spencer, who testified he has suffered retaliation from fellow officers and
the department for raising concerns about the officers, had been accused in
testimony of being a petty and vindictive manager.
Pilshaw criticized police union president Chester Pinkston for what she
called "outrageous and inappropriate comments" when he said the internal
investigation cleared the officers of all but minor policy violations.
Later, Pinkston defended his comments, saying "as the leader of this
fraternal organization, not only did I feel I was well within my rights, I
was obligated to support these officers that I feel were wrongly accused."
Police Chief Norman Williams said in a statement that the department
"respects the court's decision."
"I appreciate Judge Pilshaw's dedication and diligence in dealing with this
situation. It has been a stressful situation for those involved." Williams
declined further comment.
During the eight-day hearing, Pilshaw examined 12 cases involving the
officers over the past two years. She found clear constitutional violations
or questionable actions in about half of the incidents. Charges were either
never filed or were dismissed in those cases.
The cases involved three officers -- Sgt. John Bannister and officers Kevin
Goebel and Michael Thode. A fourth officer, Andre Parker, was less of a
focus of the allegations.
This past spring, the city legal staff issued an opinion finding serious,
constitutional violations by the officers. But the ensuing internal
investigation by police found only minor policy infractions.
Pilshaw said the evidence did not show a "pattern of willful, illegal"
actions by the officers. But she singled out Goebel, saying he routinely
ignored people who did not give consent to search and used coercive tactics.
She also complimented Goebel, saying he has a "fine police instinct" and is
articulate.
Pilshaw faulted Bannister's methods in trying to search an apartment for
drugs. But she also gave praise, calling him a "rising star in the Police
Department" and saying she considered him a top candidate for lieutenant.
She faulted Thode, saying he wrongly searched a purse. But she also noted
that several years ago she presided over a trial where he was the victim --
he had been shot in the shoulder by a burglary suspect.
She also ruled that a search of a suspected meth lab was unconstitutional
because Goebel and Thode opened a door without a search warrant to peer
into the suspect's home.
The defendant, Terry Marck, was using the hearing to challenge the search
of his home and his arrest. Pilshaw allowed Marck's lawyer, Kurt Kerns, to
question whether the officers had committed a pattern of misconduct.
Pilshaw said she reluctantly ruled in favor of Marck but had no choice
based on the evidence.
"I have no doubt you are guilty of what the police say you are," Pilshaw
told Marck.
The hearing in many ways became a trial of police conduct. But Pilshaw
said, "Mr. Marck is the bad guy here."
What was not clear Friday is whether the suppression of the search evidence
means the meth-making charge against Marck will be dismissed. For now, he
remains in the Sedgwick County Jail; he faces a drug- possession charge in
Dodge City.
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